These Regulations may be cited as the Control of Goods (Petroleum Products) (Levy) Regulations.

2. Levy on petroleum products

(1) Every person who sells, by retail, whether in person or through an agent, servant or employee-

(a) any petroleum product specified in the First Schedule in any quantity, or any illuminating paraffin in quantities of more than 750 ml, shall pay a levy at the rate of 18.45 thebe per litre of the product or paraffin so sold; or

(b) any illuminating paraffin in quantities of 750 ml or less shall pay a levy at the rate of 14.00 thebe per 750 ml of the paraffin so sold.

(2) Notwithstanding the provisions of subregulation (1), every person who sells, by retail, whether in person or through an agent or employee, any petroleum product specified in the Second Schedule in any quantity, shall pay a levy as may be prescribed from time to time.

3. Funds into which levy payable

The levy required in terms of regulation 2 shall be paid to the Government at the beginning of each month following the month of collection of such levy-

(a) in the case of the petroleum products specified in the First Schedule, to the credit of the Equalization Fund with the Accountant General; and

(b) in the case of the petroleum products specified in the Second Schedule, to the credit of the National Petroleum Fund and the Motor Vehicle Insurance Fund with the Accountant General.

These Regulations may be cited as the Control of Goods (Sugar Exportation) Regulations.

2. Restrictions on exportation of sugar

(1) Subject to the provisions of this regulation, no person shall export per month, to the Republic of South Africa, sugar in quantities exceeding 25 kg except under and in accordance with an export permit issued by the Ministry of Commerce and Industry.

(2) A permit issued in accordance with this regulation shall not allow any person to export, per month, sugar in quantities exceeding 100 kg.

These Regulations may be cited as the Control of Goods (Beef Prices) Regulations.

2. Maximum prices for selected fresh beef products

The retail price at which each of the following fresh beef products may be sold in Francistown, Gaborone, Kanye, Lobatse, Mahalapye, Mochudi, Mogoditshane, Molepolole, Palapye, Pilane, Ramotswa, Selebi-Phikwe, Serowe, Shashe, Tlokweng and Tonota shall not exceed the price specified opposite thereto-

Liver (Sebete) ................................P1,10 per kg

Offal (Mateng) ................................P0,45 per kg

CONTROL OF GOODS (RESTRICTION ON IMPORTATION OF WHEAT FLOUR) REGULATIONS

These Regulations may be cited as the Control of Goods (Restriction on Importation of Wheat Flour) Regulations.

2. Person authorized to issue permits

For the purposes of these Regulations, "authorized officer" means the officer in the Ministry of Trade and Industry who is charged with the responsibility of issuing permits for the importation of wheat flour into Botswana.

3. Restriction on importation of wheat flour

(1) No person shall import wheat flour except under and in accordance with a written permit issued under these Regulations.

(2) Notwithstanding the provisions of subregulation (1) an import permit shall not be required for the importation of wheat flour donated to the Botswana Government or any organization or person for purposes of drought relief or for the importation by any person of an amount not exceeding 12,5 kg of wheat flour for his personal consumption.

4. Application for import permit

(1) An application for a permit to import wheat flour shall be made to the authorised officer, and such application shall contain such information, and shall be accompanied by such documents, as may be specified by the authorised officer.

(2) A person who is granted an import permit under these Regulations shall pay a 10.5% levy on all types of wheat flour that he imports.

(3) Subregulation (2) shall not apply to a consignment of flour donated to the Botswana Government or any organization or person for purposes of drought relief, or to the importation, by any person, of an amount not exceeding 12.5 kg. of wheat flour for his personal consumption.

5. Issue of import permit

Where the authorized officer is satisfied that an applicant for a permit under regulation 4 is a fit and proper person and that such person has complied with all the conditions specified for the issue of a permit he may authorize such person to import wheat flour on such conditions as may be specified in the permit.

6. Appeal against refusal to issue import permit

Any person aggrieved by the refusal of the authorized officer to issue him with an import permit under these Regulations may appeal to the Permanent Secretary of the Ministry of Commerce and Industry whose decision thereon shall be final.

7. Penalties

Any person who imports any wheat flour into Botswana without an import permit or contravenes any provision contained in a permit issued to him shall be guilty of an offence and on conviction thereof shall be liable to the penalties prescribed in section 5 of the Act.

CONTROL OF GOODS (IMPORT AND EXPORT OF AGRICULTURAL PRODUCTS) REGULATIONS

These Regulations may be cited as the Control of Goods (Import and Export of Agricultural Products) Regulations.

2. Interpretation

For the purposes of these Regulations "authorized officer" means the officer in the Ministry of Agriculture who is charged with the responsibility of issuing permits for the importation into Botswana and exportation out of Botswana of agricultural products.

3. Restriction on importation of certain agricultural products

(1) No person shall import any agricultural products specified in the First Schedule hereto except under and in accordance with a written permit issued by the authorized officer.

(2) Notwithstanding the provisions of subregulation (1), no permit shall be required for the importation of-

(a) ...

(b) seed intended for planting, being a consignment or part of a consignment clearly marked as seed; or

(c) any agricultural product specified in the Second Schedule hereto,

where such goods are imported by any person for the purpose of that person's own consumption or use and in the quantities specified in the said Schedule.

4. Restriction on exportation of certain agricultural products

(1) No person shall export any agricultural product specified in the Second and Third Schedules hereto except under and in accordance with a written permit issued by the authorized officer.

(2) Notwithstanding the provisions of subregulation (1), no permit shall be required for the exportation of any agricultural product which does not exceed the quantities specified under the Second Schedule.

5. Application for permit

(1) An application for an import or export permit, as the case may be under these Regulations, shall be made to the authorized officer, and such application shall contain such information and shall be accompanied by such documents as may be specified by the authorized officer.

(2) Any person applying for an import permit under these Regulations shall produce, to the authorised officer, such information or documents as the officer may require, proving that at least"”

(a) 30% of the maize grain;

(b) 70% of the maize meal, samp, maize rice or animal feed for poultry and livestock;

(c) 50% of the sorghum grains; or

(d) 70% of the sorghum meal, sorghum rice or any other processed sorghum product,

which is the subject of his or her application, was obtained in Botswana.

6. Issue of permit

Where the authorized officer is satisfied that an applicant for a permit is a fit and proper person and such person has complied with all the conditions specified for the issue of a permit, he may issue the applicant with an import or export permit, as the case may be.

7. Appeal

Any person who is aggrieved by the refusal of the authorized officer to issue him with an import or export permit, as the case may be, under these Regulations may appeal to the Minister of Agriculture whose decision thereon shall be final.

"import permit" or "permit" means a permit issued by the Controller under regulation 7;

"personal effects" means household and personal goods, whether new or otherwise, imported for personal use and not for trade;

"trade" means to carry on the business of buying or selling of goods by retail or wholesale and includes barter or exchange;

"trade sample" means goods imported without any charge, for publicity and information and not for trade.

3. Controller of Imports

(1) The Minister shall by notice published in the Gazette designate a public officer to be the Controller of Imports.

(2) The Controller may delegate any of his duties or functions under this Act to any public officer.

4. Restriction on importation of certain goods

Subject to the provisions of regulation 10, no person shall import into Botswana any goods specified in Schedule 1 to these Regulations except under and in accordance with an import permit issued under these Regulations.

5. Application for import permit

(1) An application for an import permit shall be made to the Controller in the form 1 as may be specified by the Controller.

(2) Every application shall be accompanied by such documents or information as the Controller may consider necessary to specify.

6. Person entitled to apply for permit

A person shall not be entitled to apply for an import permit under these Regulations unless he is a holder of a valid trading licence and-

(a) he is a citizen of Botswana and is not a minor;

(b) he holds a resident permit authorizing him to carry on business in Botswana; or

(c) it is a company or firm registered and carrying on business in Botswana.

7. Issue of import permit

On receipt of an application made under regulation 5, the Controller shall, upon payment of such fee as he may specify by notice published in the Gazette issue, subject to such conditions as he may impose or as may be attached thereto, an import permit to the applicant.

8. Duration and renewal of import permit

(1) Unless cancelled or revoked, an import permit issued under regulation 7 shall be valid for a period of six months beginning from the date of issue of the permit and may be renewed from time to time.

(2) When renewing an import permit, the Controller may vary the conditions attached to the permit and may impose additional conditions.

9. Import permit not transferable, negotiable, etc.

An import permit issued under these Regulations shall not be transferred, negotiated, sold or used to the benefit of any person not named in the permit without the prior written approval of the Minister.

10. Exemptions

Notwithstanding the provisions of regulation 4, an import permit shall not be required for the importation of goods prescribed thereunder where such goods are being imported for the following purposes-

(a) as bona fide gifts;

(b) as personal effects; or

(c) as trade samples:

Provided that the total value or quantity of such imports in a single consignment does not exceed the value or quantity prescribed by the Controller in a notice published in the Gazette for such purposes.

11. Appeal

An applicant who is aggrieved by a decision of the Controller-

(a) as to any condition attached to his import permit; or

(b) to cancel, withdraw or suspend his import permit,

may appeal to the Minister within 30 days from the date of such decision of the Controller.

12. Offences and penalties

(1) Any person who contravenes or fails to comply with the provisions of these Regulations shall be guilty of an offence.

(2) Any person who is convicted of an offence under these Regulations shall be liable-

(a) for a first offence, to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both; and

(b) for a second or subsequent offence, to a fine not exceeding P400 or to imprisonment for a term not exceeding 12 months, or to both.

FISH fillets and other fish meat (whether or not minced), fresh, chilled or frozen .................................................................

03.04

FISH, dried, salted or in brine: whether or not cooked before or during the smoking process; fish meal fit for human consumption but excluding smoked salmon of subheading No. 0305.41 ............................................................................

Ex 03.05

CRUSTACEANS, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine ............................................

MILK and cream, concentrated or containing added sugar or other sweetening matter ..............................................................

04.02

BUTTERMILK, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit or cocoa ............

04.03

WHEY, whether or not concentrated or containing added sugar or other sweetening matter: products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included .........................................................................................

BIRD'S eggs, not in shell and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter .............................................................

SKINS and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges), and down, not further worked than cleaned, disinfected or treated for preservation: powder and waste of feathers or parts of feathers .................................................

05.05

BONES, and horn-cores, unworked, defatted simply prepared (but not cut to shape), treated with acid or degelatinised: powder and waste of these products ....................................

05.06

IVORY, tortoise-shells, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape, powder and waste of these products ............................................................................

05.07

CORAL and similar materials. unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cattlebone, unworked or simply prepared but cut to shape; powder and waste thereof ...........................

FOLIAGE, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared ............................................................................

OTHER vegetables, fresh or chilled ...........................................

07.09

VEGETABLES (uncooked or cooked by steaming or boiling in water), frozen .....................................................................

07.10

VEGETABLES provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption but excluding onions of subheading No. 0711.10 .....................................................................................

07.11

DRIED vegetable, whole, cut, sliced, broken or in powder, but not further prepared .............................................................

07.12

DRIED leguminous vegetables, shelled, whether or not skinned or split ...................:............................................................similar roots and tubers with high starch or insulin content, fresh or dried, whether or not sliced or in the form of pellets; sago pith ...........................................................................

FRUIT and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter ..............................................................

08.11

FRUIT and nuts provisionally preserved (for example, by, sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption ......................................................

FLOUR of meal of the dried leguminous vegetables of heading No. 07.13, sago or of roots or tubers of heading No. 07.14.14; flour, meal and powder of the products of Chapter 8 .........................................................................................

11.06

MALT, whether or not roasted ..................................................

LINSEED, whether or not broken ..............................................

12.04

RAPE or colza seeds, whether or not broken .............................

12.05

SUNFLOWER seeds, whether or not broken ..............................

12.06

OTHER oil seeds and oleaginous fruits, whether or not broken but excluding mustard seed of subheading No. 1207.50 ..........................................................................................

12.07

FLOURS and meals of oil seeds or oleaginous fruits (excluding those of mustard) ...............................................................

12.08

HOP cones, fresh or dried, whether or not of subheading No. 1210.10.10 and 1210.20.10..................................................

12.10

PLANTS and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered ..............................

12.11

LOCUST beans, seaweeds and other algae, sugar cane. fresh or dried whether or not ground, fruit stones and kennels and other vegetable products (including unroasted chicory roots the variety cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included ............................................................................

12.12

CEREAL straw and husks, unprepared, whether or not chopped, ground pressed or in the form of pellets ................................

12.13

SWEDES, mangolds, fodder roots, hay, lucerne (Alfalfa), clover, sainfoin, forage kale, lupins, vetches and similar forage products, whether or not in the form of pellets .......................

VEGETABLE saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products but excluding opium and agar-agar of subheadings No. 1302.11 and 1302.31 ......................................................................

VEGETABLE materials of a kind used primarily as stuffing or as padding (for example, kapok, vegetable hair and eelgrass), whether or not put up as a layer with or without supporting materials ...........................................................................

14.02

VEGETABLE materials of a kind used primarily in brooms or in brushes (for example, broomcorn, piassava,)

VEGETABLE products not elsewhere specified or included .........................................................................................

14.04

LARD: other pig fat and poultry fat rendered, whether or not pressed or solvent-extracted ................................................

OTHER animal fats and oils and their fractions, whether or not refined, but chemically modified ...........................................

15.06

GROUND-NUT oil and its fractions, whether or not refined, but not chemically modified ............................................................

15.08

OLIVE oil and its fractions, whether or not refined, but not chemically modified ............................................................

15.09

OTHER oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading No. 15.0 ...........................................................................

15.10

PALM oil and its fractions, whether or not refined, but not chemically modified ...........................................................

15.11

SUNFLOWER-SEED, safflower or cotton-seed oil and their fractions, whether or not refined, but not chemically modified .........................................................................................

15.12

COCONUT (Copral), palm kernel or babassu oil and their fractions, whether or not refined, but not chemically modified but excluding coconut (copral) oil and its fractions of subheadings No. 1513.1 and No. 1513.19 .............................

15.13

RAPE, colza or mustard oil and their fractions, whether or not refined, but not chemically modified......................................

15.14

OTHER fixed vegetables fats and oils (including jojoba oil) and their fractions, whether or not refined but not chemically modified but excluding linseed oil and its fractions of subheadings fractions.........................................................

1516.10

MARGARINE: edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter .......................................................................

15.17

ANIMAL or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, inedible mixtures or preparations of animal or vegetable fats or oils of fractions of different fats or oils of this chapter, not elsewhere specified or included .........................

MALT extract, food preparations for flour, meal, starch or malt extract, not containing cocoa powder or containing cocoa powder in a proportion, by mass, of less than 50 per cent,not elsewhere specified or included; food preparations of goods of headings No. 04.01 to No. 04.04, not containing cocoa powder or containing cocoa powder in a proportion, by mass of less than 10 per cent, not elsewhere specified or included .........................................................................................

19.01

PASTA, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, ghocchi, ravioli, cannelloni; couscous, whether or not prepared ......................................

19.02

TAPIOCA and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms: Other .........................................................................................

VEGETABLES, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid

20.01

TOMATOES prepared or preserved otherwise than by vinegar or acetic acid .........................................................................

20.02

MUSHROOMS and truffles, prepared or preserved otherwise than by vinegar or acetic acid .....................................................

20.03

OTHER vegetables prepared or preserved otherwise than by vinegar or acetic acid frozen ................................................

20.04

OTHER vegetables prepared or preserved otherwise than by vinegar or acetic acid not frozen ...........................................

20.05

JAMS, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter ..............................preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included but excluding tamarinds of subheading No. 2008.99.40 ........................................................................

EXTRACTS, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate, roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof ...........................................................

SOUPS and broths and preparations thereof: homogenised composite food preparations but excluding other soups and broths in powder, solid or concentrated form of subheading No. 2104.10.20 ........................................................................

21.04

ICE cream and other edible ice, whether or not containing cocoa .........................................................................................

WATERS, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages .........................

22.02

WINE of fresh grapes, including fortified wines; grape must ........

22.04

VERMOUTH and other wine of fresh grapes flavoured with plants or aromatic substances ............................................

22.05

OTHER fermented beverages (for example, cider, perry, mead) ...

22.06

UNDENATURED ethyl alcoholic strength by volume of 80 percent vol. or high; ethyl alcohol and other spirits, alcoholic strength by volume of less than 80 per cent vol; spirits, liqueurs and other spirituous beverages; compound alcoholic preparations of a kind used for the manufacture of beverages but excluding rum of subheading No. 2208.40 .......................

22.08

VINEGAR and substitutes for vinegar obtained from acetic acid ..

22.09

FLOURS, meals and pellets, of meat or of meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; graves ...........................................

23.01

BRAN, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of leguminous plants ..............................................................

23.02

RESIDUES of starch manufacture and similar residues, beet pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets ....................................................................

23.03

OIL-CAKE and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil .....................................................................................

23.04

OIL-CAKE and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil .....................................................................................

23.05

OIL-CAKE and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading No. 23.04 or 23.05 .....

VEGETABLE materials and vegetable waste, vegetable residues and by-products, whether or in the form of pellets, of a kind used in animal feeding, not elsewhere specified or not included ............................................................................

23.08

PREPARATIONS of a kind used in animal feeding .....................

23.09

UNMANUFACTURED tobacco; tobacco refuse ..........................

24.01

CIGARS, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes but excluding cigars of subheading No. 24.02.10 ............................................................................

GRANITE, porphyry, basalt, sandstone and other monumental or building stone, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape ....................................

COKE and semi-coke of coal, of lignite or of peat, whether or not agglomerated; retort carbon .................................................

27.04

COAL gas, water gas, producer gas and similar gases (other than .........................................................................................

TAR distilled from coal, from lignite or from peat, and other mineral tars, whether or not dehydrated or partially distilled, including reconstituted tar ..................................................

27.06

OILS and other products of the distillation of high temperature coal tar; similar products in which the mass of the aromatic constituents exceeds that of the non-aromatic constituents .........................................................................................

27.07

PITCH and pitch coke, obtained from coal tar or from other mineral tars .......................................................................

PETROLEUM oils and oils obtained from bituminous minerals, other than crude: preparations not elsewhere specified or included, containing by mass 70 per cent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations .........................................................................................

Whilst every effort has been made to ensure the accuracy of the information contained in this publication, nevertheless it is possible that errors or omissions may have occurred in the content. The publishers assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided in this publication and/or for any consequences of any actions taken on the basis of the information provided, legal or otherwise. The publishers do not accept any liability whatsoever arising from any errors or omissions to any person acting or refraining from acting as a result of the information contained in this publication. If you need professional or legal advice you should consult a suitably qualified person.